Missouri judge rejects effort to strike Kehoe's tax overhaul plan from the August ballot

A Missouri judge ruled that Gov. Mike Kehoe's Amendment 5, proposing the elimination of the state individual income tax in favor of expanded sales taxes, will remain on the August 2026 primary ballot despite legal challenges. Opponents, who argued the ballot summary was misleading and the amendment violated constitutional rules, have filed an immediate appeal to the Missouri Court of Appeals.
A Cole County judge dismissed a lawsuit seeking to remove Gov. Mike Kehoe’s tax overhaul plan, Amendment 5, from Missouri’s August 2026 primary ballot. The amendment, if approved by voters on August 4, would allow the legislature to eliminate the state’s individual income tax by expanding sales and use taxes. Opponents filed the lawsuit, arguing the amendment altered multiple parts of the state constitution and included misleading language in the ballot summary. However, Judge Christopher Limbaugh rejected these claims, stating the amendment’s purpose—eliminating the income tax through tax restructuring—was clear and the ballot summary was sufficient. The plaintiffs’ attorney, Chuck Hatfield, announced plans to appeal the decision to the Missouri Court of Appeals, calling the amendment a ‘license to ignore current taxpayer protections.’ Missouri Attorney General Catherine Hanaway praised the ruling, emphasizing voters’ right to decide tax policy. Amendment 5 was placed on the ballot alongside three other proposed constitutional amendments, with appeals expected to conclude before June 9. Kehoe’s plan remains on track for voter consideration in August.
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